Retail, Franchise & Supply Chain

Duncan Cotterill has a proud history advising local, national and global clients in the retail, franchise and supply chain sector. Our experience includes being advisers to some of New Zealand’s most prominent retailers, franchisors, suppliers and logistics companies. Our team have global expertise, in particular trans-Tasman strategic, commercial and corporate advice to clients who operate local, national and international distribution networks at a wholesale and retail level, for consumer goods and services. Our history in this sector ensures that we have a comprehensive understanding of the needs and expectations of the retail, franchise and supply chain sector.

We know that retail and supply chain trends are being shaped by the many changes currently impacting the market and the economy. The increasing use of innovative technology, the rise of e-commerce, the adoption of retail customer analytics, the increase in competition with international retailers and changing consumer behaviour are all challenges the sector is facing. Our team recognises how these factors are affecting our clients' businesses. While we know that this constant market disruption presents challenges, it also presents great opportunities for our clients in this sector. 

Our clients range from start-up operations through to listed multi-national businesses and private equity funds. Our team of lawyers have in-depth industry knowledge at local, national and global levels in key industries, such as:

  • Franchising
  • Licensing
  • Motor vehicle and dealer networks
  • Food, beverage and liquor
  • Luxury goods
  • Sports, tourism and entertainment
  • Large format retailers
  • Online business
  • Health and pharmaceuticals
  • Household FMCG
  • Real estate
  • Construction

How can we help?
Commercial

Our team can assist at any point in the development timeline:

  • Just starting out,
  • Protecting your ideas,
  • Assembling a team,
  • Raising capital,
  • Time to sell.

Expansion advice and establishment of distribution models
Our team can give you advice on the most effective expansion strategies and structures for your business, including via franchising, company outlets, partnerships, joint ventures and licencing. Because of our knowledge in this space, our team is able to give you alternative expansion ideas you may not have otherwise considered. Our team have extensive experience in advising across Australia and New Zealand:

  • Drafting franchise, dealer and licence agreements and documents required by the applicable Franchising Code.
  • Advising on Franchising Code compliance.
  • Conversion strategies to and from franchised/licenced models.
  • Competition and consumer law compliance, pricing and cartel conduct advice
    • Advice regarding restrictive trade practices, in particular in supply chain relationships,
    • Compliance with the consumer law, including on trading terms and consumer guarantees,
    • Competition and consumer law training and compliance programmes.
  • ​Mergers and acquisitions and private equity transactions
    • Business acquisitions and disposals,
    • Due diligence and risk management advice,
    • Tax structuring and stamp duty implications.
  • Group restructures
    • Corporate roll-ups and buy backs.
  • Joint ventures and partnerships.
  • Intellectual property exploitation and licencing.
  • Property acquisition sales and planning.
  • Retail leasing.
  • Privacy compliance.
  • Big data analytics and data driven marketing.
  • Affinity marketing.
  • Online
    • All aspects of marketing, selling and operating online – from assisting established brands to move online to all online start-ups.
  • Product structuring
    • Legal aspects of structuring financial and other service products, including retail energy, consumer and business telecommunications, payment services, customer recruitment, advertising, sports, sponsorship and media.
  • Workplace relations.